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BRIEF ANALYSIS OF NOTIFICATIONS ISSUED ON 3RD APRIL 2020

Rachit Agarwal
Interest relief on delayed GST payments: initial interest free window then reduced interest if returns filed by extended dates. Notifications of 3 April 2020 conditionally extend GST compliance deadlines and temporarily relax penalties: interest on delayed tax is reduced by granting an initial interest free period then a lower rate if FORM GSTR 3B is filed by prescribed extended dates; late fees for GSTR 3B and GSTR 1 are waived for specified periods when filed by the extended cut offs; a general extension of statutory time limits to 30 June 2020 is made subject to listed exclusions; e way bill validity is temporarily deemed extended; composition scheme application and ITC 03 deadlines are extended; Rule 36(4) input tax credit cap is relaxed on a cumulative basis for specified periods. (AI Summary)

INTEREST ON DELAY PAYMENT OF TAX PERIOD FOR FEBRUARY, MARCH, APRIL 2020

Notification No- 31/2020 dated 03.04.2020

TABLE

Sl. No.

Class of registered persons

Rate of interest

Tax period

Condition

(1)

(2)

(3)

(4)

(5)

1.

Taxpayers having an aggregate turnover of more than rupees 5 crores in the preceding financial year

Nil for first 15 days from the due date, and 9 per cent thereafter

February, 2020, March 2020, April, 2020

If return in FORM GSTR-3B is furnished on or before the 24th day of June, 2020

2

Taxpayers having an aggregate turnover of more than rupees 1.5 crores and up to rupees five crores in the preceding financial year

Nil

February, 2020, March, 2020

If return in FORM GSTR-3B is furnished on or before the 29th day of June, 2020

April, 2020

If return in FORM GSTR-3B is furnished on or before the 30th day of June, 2020

3.

Taxpayers having an aggregate turnover of up to rupees 1.5 crores in the preceding financial year

Nil

February, 2020

If return in FORM GSTR-3B is furnished on or before the 30th day of June, 2020

March, 2020

If return in FORM GSTR-3B is furnished on or before the 3rd day of July, 2020

April, 2020

If return in FORM GSTR-3B is furnished on or before the 6th day of July, 2020.'.

Our Comments:

Turnover above ₹ 5 Crore

Month

Time Limit without Interest

Time Limit with Interest @ 9%

Interest Rate @ 18%

February 2020

4th April

24.06.2020

Returns filed after 24.06.2020

March 2020

5th May

24.06.2020

Returns filed after 24.06.2020

April 2020

4th June

24.06.2020

Returns filed after 24.06.2020

LATE FEES ON FILING OF GSTR 3B

Notification No- 32/2020 dated 03.04.2020

No Late Fees shall be charged for February 2020, April 2020 and May 2020 provided the conditions as set forth has been complied

Sl. No.

Class of registered persons

Tax period

Condition

(1)

(2)

(3)

(4)

1.

Taxpayers having an aggregate turnover of more than rupees 5 crores in the preceding financial year

February, 2020, March, 2020 and April, 2020

If return in FORM GSTR-3B is furnished on or before the 24th day of June, 2020

2.

Taxpayers having an aggregate turnover of more than rupees 1.5 crores and up to rupees five crores in the preceding financial year

February, 2020 and March, 2020

If return in FORM GSTR-3B is furnished on or before the 29th day of June, 2020

April, 2020

If return in FORM GSTR-3B is furnished on or before the 30th day of June, 2020

3.

Taxpayers having an aggregate turnover of up to rupees 1.5 crores in the preceding financial year

February, 2020

If return in FORM GSTR-3B is furnished on or before the 30th day of June, 2020

March, 2020

If return in FORM GSTR-3B is furnished on or before the 3rd day of July, 2020

April, 2020

If return in FORM GSTR-3B is furnished on or before the 6th day of July, 2020.”.

DUE DATE OF FILING OF GSTR 3B FOR MAY 2020

Notification No- 36/2020 dated 03.04.2020

Turnover Limit

States

Due Date

More than ₹ 5 Crore

All States

27.06.2020

Less Than ₹ 5 Crore

Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep

12.07.2020

 

Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi

14.07.2020

LATE FEES ON FILING OF GSTR 1

Notification No- 33/2020 dated 03.04.2020

No Late Fees on filing of GSTR 1 shall be charged for March 2020, April 2020 and May 2020 and for the quarter ending 31st March 2020 provided return in Form GSTR 1 has been furnished on or before 30.06.2020

LATE FEES ON FILING OF GSTR 4 AND CMP-08

Notification No- 34/2020 dated 03.04.2020

persons shall furnish a statement, containing the details of payment of self-assessed tax in FORM GST CMP-08 of the Central Goods and Services Tax Rules, 2017, for the quarter ending 31st March, 2020, till the 7th day of July, 2020

persons shall furnish the return in FORM GSTR-4 of the Central Goods and Services Tax Rules, 2017, for the financial year ending 31st March, 2020, till the 15th day of July, 2020

NEW APPLICATION FOR COMPOSITION SCHEME FOR FY 2020-21

Notification No- 30/2020 dated 03.04.2020

Person who opts to pay to tax under composite scheme may make application on or before 30.06.2020

Further such person shall file the declaration in ITC-03 on or before 31.07.2020

GENERAL EXTENSION OF TIME LIMIT FOR COMPLIANCE SUBJECT TO CONDITIONS

Notification No- 35/2020 dated 03.04.2020

Any time limit for completion or compliance of any action, by any authority or by any person, has been specified in, or prescribed or notified under the said Act, which falls during the period from the 20th day of March, 2020 to the 29th day of June, 2020, and where completion or compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action, shall be extended up to the 30th day of June, 2020

(a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the Acts stated above; or

(b) filing of any appeal, reply or application or furnishing of any report, document, return, statement or such other record, by whatever name called, under the provisions of the Acts stated above;

However above extensions shall not be applicable for

Compliance Provisions

 

Section 10(3)

Lapse of Composition Scheme on Exceeding the Turnover of specified limit

Section 25

Registration

Section 27

Registration of Casual and Non Resident Taxable Person

Section 31

Issue of Invoice

Section 37

Filing of GSTR 1

Section 47

Levy of Late Fees

Section 50

Payment of Interest

Section 69

Power to Arrest

Section 90

Liability of Partners of Firm to Pay Tax

Section 122

Imposition of Penalty

Section 129

Detention, Seizure and Release of Goods/ conveyances in Transit

Except Section 39(4), (3), (5)

Filing of GSTR 6, 7, 8, 3B

Section 68

Inspection of Goods in Movement

E-way bill has been generated under rule 138 of the Central Goods and Services Tax Rules, 2017 and its period of validity expires during the period 20th day of March, 2020 to 15th day of April, 2020, the validity period of such e-way bill shall be deemed to have been extended till the 30th day of April, 2020.

CONDITIONS FOR INPUT TAX CREDIT

Notification No- 30/2020 dated 03.04.2020

The conditions prescribed in Rule 36(4) of CGST Rules 2017 for the availment of the credit of Input Tax restricting the credit upto 110% of the Invoices uploaded by the supplier has been relaxed for the tax period February, March, April, May, June, July and August, 2020.

The condition for availing the credit shall apply cumulatively instead of month to month basis

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Pawan Arora on Apr 6, 2020

Very Useful and nicely prepared analysis.

Muthukumar Muthunarasimhan on Apr 7, 2020

Sir,

Instead of full text form, easy to understand the time limit in the tabular form presentation is very much time save as well as easy to understand the compliance due date. Well done.

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